The Research On The Objective Requirement Of Financial Ticket Crime

It has become an extremely serious crime in China's economic life to infringe on the financial market management order.It first appeared in the decision on punishing crimes destroy the financial order,after the criminal law amendment(6)changes,has experienced the double change of connotation and denotation,but little research of the objective elements of crime,financial institutions in the financial credit financing and the organization of social distribution,and management of its issuing action should attach importance to it,for this crime to systematically research has certain theoretical value and the judicial referee guidance value.The objective elements of the crime can be determined from the object of behavior,the way of behavior and the result of the behavior.The behavioral object of this crime has the characteristics of physical,intentional and nominal,and different from financial instruments in finance,which is a very narrow concept.Issued by this crime behavior is illegal,in "violation of regulations" on the cognizance of this category definition,there are some arguments in the theoretical circle,stand in the Angle of the system and righteousness interpretation as a starting point,the expansion of the provisions of the scope of the crime of sexual interpretation.There are three types of behaviors that can be classified as violations:the actor is not standardized,there is no due diligence,and the relevant ticket is issued without serious examination.The actor who has the right to make financial negotiable instruments intentionally makes false ticket certificates;The actor shall open a ticket for an applicant who does not have the relevant qualifications without permission.If the circumstances are serious,as the elements of the constitution of crime,this crime from the crime amount,frequency and loss amount,accept bribes incremental factor four single factor to maintain,can be used as out other serious circumstances homogeneity criterion with a combination of comprehensive judgment standard to that.